# C_2019432EN.01004102.xml

| 23.12.2019 | EN | Official Journal of the European Union | C 432/41 |
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23.12.2019

EN

Official Journal of the European Union

C 432/41

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Judgment of the General Court of 5 November 2019 — APEDA v EUIPO — Burraq Travel & Tours General Tourism Office (SIR BASMATI RICE)

(Case T-361/18) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark SIR BASMATI RICE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001)

(2019/C 432/47)

Language of the case: English

Parties

Applicant: Agricultural and Processed Food Products Export Development Authority (APEDA) (New Delhi, India) (represented by: N. Dontas, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Capostagno, J. Ivanauskas and H. O’Neill, Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Burraq Travel & Tours General Tourism Office SA (Athens, Greece)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 22 March 2018 (Case R 90/2017-2), relating to invalidity proceedings between APEDA and Burraq Travel & Tours General Tourism Office.

Operative part of the judgment

The Court:

| 1. | Annuls point 3 of the operative part of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 March 2018 (Case R 90/2017-2), in relation to invalidity proceedings between Agricultural and Processed Food Products Export Development Authority (APEDA) and Burraq Travel & Tours General Tourism Office SA, in so far as it upholds the dismissal of the application for a declaration of invalidity of EU figurative mark SIR BASMATI RICE in respect of the goods in Classes 30, 31 and 33 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, other than for ‘sago’ and ‘artificial rice [uncooked]’ in Class 30; |
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1.

Annuls point 3 of the operative part of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 March 2018 (Case R 90/2017-2), in relation to invalidity proceedings between Agricultural and Processed Food Products Export Development Authority (APEDA) and Burraq Travel & Tours General Tourism Office SA, in so far as it upholds the dismissal of the application for a declaration of invalidity of EU figurative mark SIR BASMATI RICE in respect of the goods in Classes 30, 31 and 33 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, other than for ‘sago’ and ‘artificial rice [uncooked]’ in Class 30;

| 2. | Dismisses the action as to the remainder; |
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2.

Dismisses the action as to the remainder;

| 3. | Orders EUIPO to pay the costs, including those incurred in the proceedings before the Board of Appeal. |
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3.

Orders EUIPO to pay the costs, including those incurred in the proceedings before the Board of Appeal.

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(1)  OJ C 276, 6.8.2018.

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